INDEPENDENCE, Ohio — After a lengthy debate over a potential new development on Stone Road, Independence City Council voted yes on the preliminary plan.
On Monday, I spoke with two residents who are adamantly against the proposal, which would allow a Northeast Ohio developer to bulldoze 18.2 acres of land behind the Concordia Lutheran Church.
RELATED: Potential new development in Independence worries residents about the future of their homes
In 2022, the church that formally owned the property sold it to the City of Independence despite receiving higher offers from private developers, according to the City of Independence Economic Director, Jessica Hyser.
Replacing that forestry would be at least 57 single-family homes maintained by a Home Owner’s Association.
The development would be combined with approximately 2.58 acres of land behind the historic Independence Fire Station on Brecksville Road.
Hyser said the church that previously owned the land decided to accept the city’s offer because a development like this is what it wanted to eventually see this property become.
Matthew Benkner, a longtime Independence resident living on Stone Road, said he doesn’t support the current proposal and fears the domino effect that might follow the development, including an increase in flooding on his property.
“One of the big concerns is the water. When you remove 18 acres of old growth forest, that water is no longer going to be absorbed by those trees and has to go somewhere, which is downhill, which is all of us that live lower than this development on Stone Road,” Benkner said.
A neighbor of his, Katie Saylor, echoed the same – also adding she’s concerned about older trees being clear-cut.
We couldn’t interview someone from the City of Independence about the development Monday night, but on Tuesday, the City Council held a meeting and legislation regarding it was on the agenda.
For nearly two hours, the idea of the development was debated between council members and opposed by more than half a dozen residents. However, both the council and Petros Development Group, LLC President of Land Development, Greg Modic, stand firm in that this project will be a massive benefit to the city.
Hyser said the development will bring millions of dollars to the local economy.
“When you look at this property, it was historically owned by a church which meant that it's tax exempt and currently the property is now owned by the City of Independence which also is a tax exempt body,” Hyser said. “If we're guessing at between $450,000 and $500,000 of an evaluation by the fiscal office for homes, that's going to result in millions of dollars benefiting local taxing bodies like the schools.”
The City of Independence looked at a 30-year period and arrived at a multi-million dollar influx of revenue.
“It brings housing for Independence residents where there's a need. It's something that was voiced over many years. The city went out and proactively sought this property. They went out to a group of developers over a long period of time and vetted it with a multitude of builders and developers to find the right fit for the community,” said Modic.
The location of the development is a concern both residents and Independence Vice Mayor Anthony Togliatti voiced at Tuesday’s City Council meeting, so we asked why to move forward with that location despite so much opposition.
“The city identified that location. I'm not sure the reasoning as to why they put a request for proposals/qualifications out to builders and developers. I personally think it's a great location. It's an area that's central to the community who will enjoy the benefits of the national park being adjacent to it just as a lot of the residents currently get to enjoy as well. I think it's a great setting for these folks,” Modic said.
We also reiterated resident concerns that approximately 778 trees would be cut down as a result of this development, causing more flooding. Mayor Gregory Kurtz and Togliatti also heatedly discussed the potential for flooding.
Togliatti stated there are some "real red flags," the Mayor asked, "What is your point?"
We asked Modic if there’s a plan to plant or replant trees in the future.
“Once we finish our detailed engineering and know where we can plant trees, we'll put them in,” Modic said. “Typically street trees, along the front yard. Usually there's at least one tree. And then in the backyard there's a few more trees as well.”
Modic said several residents have shown him how bad the flooding can get in that area, especially on Stone Road.
“It's not controlled, so as counter-intuitive as it sounds, putting in a development is going to help them,” Modic said. “We're able to direct the water to these retention basins and slow that release rate down.”
There are approximately 3.5 acres worth of trees that Petros Development Group, LLC plans to preserve.
The concern brought up by several residents is that old growth trees are disappearing and are not capable of preservation.
Modic responded that the Ohio EPA defines old-growth trees as “those with overstory canopy trees older than 150 years with little to no understory disturbance during the past 80 to 100 years. It also has to be the dominant canopy from 80 to 160 centimeters in diameter.”
Modic revealed a map of the area in which the development would sit. It’s to identify woodland areas.
The map shown by Modic indicates a white area where the development would lay. He said the map displays that it is not a contiguous forest block.
“I understand people's concerns. It's hard. These things are near and dear and important to us, so I understand the loss of trees. We try to preserve what we can where needed. Storm water is important, so we have to reshape the land in order to control it, but I want to be very clear with regards to old growth forest. The facts state and say this is not old growth forest. It's still a loss of trees. I cannot change that, but it is not old growth forest,” Modic said.
Additionally, Modic noted there is a retention pond his development group plans to triple in size.
“If you pictured say a 55-gallon drum and you filled it completely with water and you put a one inch hole at the bottom, that would draw down very, very slowly. If you put a six- or eight-inch hole at the bottom, it would flush out a lot faster. If you cut a huge gap in it, boom, it'll be gone in a minute. That's what we're doing with the pond,” Modic said. “We're going to put the smallest orifice we can put in there so that it really just kind of trickles out through the pond.”
That pond would not be located on the development’s property, though. It would be on another property south of the project.
“I don't foresee anything that would change with regards to easement. It's a common practice. There's easements all the time, right? The deed reads that they have ownership of that, yet the county would have taken a highway easement over that in order to put the road in and maintain it,” Modic said.
Modic said he’s not concerned about the location of the pond.
Benkner was at Tuesday’s meeting and listened to Modic’s plan. He’s still not pleased.
“Tripling the size of a pond is all fine and good, but at the end of the day that doesn't hold the water, it just slows it down. The water still comes out. It still goes down the hill, and if the evidence from the Cleveland Clinic parking lot shows anything, it will still do a lot of damage,” he said.
Benkner said the only way to prevent increased flooding is to keep the trees in place for continued absorption mechanisms.
Even if the pond is connected to a storm drain, Benkner said he’s still not on board due to the location of the development.
“They would have to be able to prove that the water will in fact be rerouted into the sewer without it going down Stone Road,” he said. “You can replant trees, but once you cut that tree down, that's it. I mean, that's history. Leave that alone to be a forest. We don't have much left. It’s not about the means in which they're trying to make it right, it's the location.”
Another issue Togliatti voiced at the meeting is what will happen to the Hemlock Trail, which would run through the development.
The trail is currently 10 feet wide, but it would be divided into two five-foot trails on either side of the development's road.
“This development is going to be located on city owned property, so the residents believe that it is the city's responsibility to continue that trail through city owned property and connect it to our downtown,” Togliatti said.
“It's a a continuing conversation that needs to be had,” Modic said. “Engineering plans will give me the true guidance as to where I can or can't place things. Let's see what makes the most sense, what's most applicable, and present those options to the city and put it to the vote and see what we come up with on it."
While every public speaker opposed the development, Modic said he’s heard from people who favor it.
“The folks that are wanting these developments to move forward, that are positive about it generally don't show up. They're not as driven and motivated and it's not a negative thing. This location is great because they'll have access to all the amenities that are here at the city,” he said.
Before the preliminary plan went up for a vote, Togliatti set forth a motion to allow for a referendum. It would require the proposal to be voted on by the people rather than the council.
It failed 4-3.
“I do not know why the majority of council will not allow the constituency to vote on this. It is city owned land that the city is selling to a developer. The residents believe that this is their land, and they believe they should have a right in speaking their voice and making a decision on what happens to that property,” Togliatti said.
He said he plans to bring up the idea of a referendum again in the future.
In a 5-2 vote, City Council passed the preliminary plan of the development.
Modic estimates it will take one to two months to finalize plans.
“From the time we start construction until the roads are down, we can build the first house in approximately three months. Once we start building, it's going to be really driven by the market demand. I would anticipate probably about a 2.5-3 year build out of all the houses within the community,” Modic said.
Modic said he’s open to any and all questions from the community as he’s made his cell phone number part of Independence's public record.
“I want to hear your concerns. I want to put myself in your shoes and understand,” he said.
Benkner said he feels Tuesday’s meeting was “just for show.”
“This was preordained by council to happen regardless of what people’s legitimate concerns are. They have no intention of actually listening to the public. You could tell by the looks on their faces, the scoffing, the eye rolling, and the complete lack of hearing people when they're speaking,” he said.
We specifically asked for an interview with the mayor as he voted in favor of the preliminary plan but were told he was unavailable.
We’ll continue to follow through.
